Mandate for verbal report wasn't followed in Grafton baby case

Wednesday

Apr 30, 2014 at 6:00 AMApr 30, 2014 at 4:10 PM

By John J. Monahan TELEGRAM & GAZETTE STAFF

BOSTON — While Grafton Police Chief Normand Crepeau Jr. has defended his department's handling of a state Department of Children and Families abuse report involving an infant who died eight days later, the governor and state Health and Human Services officials said Tuesday the chief's department did not follow required procedures in filing the report.

Chief Crepeau said officers responded to repeated complaints about a child crying and not only visited the home at night on April 3, finding food, diapers and a house in fair condition, but also called Emergency Medical Services to check the 4-week-old child's condition.

While the medical technicians found the baby to be fine, the chief said, out of further precaution the officers faxed a 51A abuse/neglect report to notify DCF of the running reports that the child was continually crying and the conditions they found at the home.

After the baby died April 11, however, it was learned that DCF social workers took no action on the report for six days, then classified it as a non-emergency and planned to ask a social worker to visit the next day.

State officials insisted police did not follow the requirement to provide an initial verbal report to DCF before filing the written report, but also are continuing an internal investigation to find out why DCF did not act on the report for at least six days, and then classified it as a non-emergency without responding immediately to the home.

Gov. Deval L. Patrick said Tuesday that the Grafton police "failed their obligations under law to call in a 51A" to DCF and only faxed in the report.

Health and Human Services Secretary John Polanowicz said Tuesday that state law clearly requires that all mandatory child abuse reporters — doctors, teachers and police — first give DCF a report verbally and follow that up with a written report within 48 hours.

Because of apparent confusion about that procedure, Mr. Polanowicz on Tuesday issued new forms highlighting the requirement for a verbal report, with numbers to be called, to police and other first responders across the state.

Mr. Polanowicz said Tuesday that the verbal report is "critically important" in these cases in allowing DCF to evaluate and respond to endangered children.

"If you talk to the social work staff, they believe that the phone call is critical because there is information they can glean from a call that might not make it through in a written report. There is potentially a nuance there that we are really concerned about the family, that doesn't come through in a (written report)." Mr. Polanowicz said.

Chief Crepeau acknowledged Monday that the police did not have all the information about the mother in question the night they visited the home.

That included DCF information that the mother had lost custody of one child already, who is now staying with its grandfather, and that she had a history of mental health problems and prescription drug use.

The chief acknowledged that police, had they known that information, might have handled the neighbors' calls about the crying baby differently.

Chief Crepeau said Monday he was focused on the question of why the officer did not follow up with a phone call to DCF within 48 hours of filing the written report, indicating he had a different understanding then of the two-step process outlined by state law and restated Tuesday by Mr. Polanowicz.

On Tuesday, the chief clarified his understanding of the requirement. "He should have called and that has been addressed internally," Chief Crepeau said of the officer who filed the written abuse report with DCF. He said he has issued orders to correct the procedure internally and has received the new forms.

He said it has not been unusual, "especially on the overnight" shift, for officers to fax the reports without calling. He said a so-called 24-hour DCF hot line is not manned around the clock and essentially only allows police to leave a message.

When officers have called in the past, DCF just asks them to fax the report, he said.

Concerns about DCF responding to 51A reports surfaced last year after DCF failed to act on several abuse reports involving Jeremiah Oliver of Fitchburg before the 5-year-old disappeared. Investigations found those reports were improperly "screened out" for action by DCF and were not acted upon. As a result the agency lost track of the boy whose body was found April 18 along Interstate 190 in Sterling.

Problems in DCF response to the reports also arose recently when Northbridge school officials complained the agency was not responding to 51A reports being filed in numerous urgent child abuse and neglect cases last year.

Mr. Polanowicz said Tuesday he does not believe there is a lack of confidence among mandatory reporters concerning DCF that is contributing to those reporting and response problems.

"I would not characterize it as a lack of trust," Mr. Polanowicz said. "It's not just about the department. It is about working very closely with police, hospitals and other social service agencies."

Chief Crepeau said that police did not find any apparent abuse or neglect after visiting the home and checking the child and mother.

"They didn't see it as an emergency," he said of the responding officers and they only filed the written 51A report as an extra precaution.

Mr. Polanowicz said addressing better communications with mandated responders will be the job of Erin Deveney, who was named interim DCF commissioner to replace embattled former Commissioner Olga I. Roche.

Chief Crepeau said the policy has been made clear throughout his department and the new forms are already in place. "Calls will be made every time without exception. Nothing is more important than the welfare of a child and every officer knows that," he said.